The business scope of the business license of private schools

Reference to the business scope of private education and training institutions:

1. Education management consulting services, education information consulting, educational software development, economic information consulting, information consulting, enterprise management consulting, education investment, education information consulting (not engaged in education and training, intermediaries, tutoring).

2. Private educational institutions, education and training, art education and training, enterprise management consulting, information consulting, enterprise management consulting, housekeeping services, real estate brokerage: setting up an industry; Communication equipment sales, other domestic, senior human resources recruitment, entrustment recommendation and recruitment, talent supply and demand information consulting, lease, transfer or dispatch; Culture.

3. Training consulting, education consulting, and educational information consulting. This does not require a license.

Private education and training institutions are now the way for many investors to start a business, and there are many young people in China, which has also led to the establishment of education and training institutions.

Legal basis: Company Law of the People's Republic of China

Article 7 A business license shall be issued by the company registration authority for a company established in accordance with the law. The date of issuance of the company's business license is the date of incorporation of the company.

The company's business license shall indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.

If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.

Private schools require a business license, but they do not need to apply for a business license. According to Article 6 of the Company Law of the People's Republic of China, a company shall apply to the company registration authority for establishment and registration in accordance with the law. If the conditions for establishment stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority.

Therefore, private schools should be registered under the Companies Act.

However, according to the Law of the People's Republic of China on the Promotion of Private Education, private schools refer to schools and other educational institutions that are organized by social organizations or individuals other than state institutions that use non-state financial funds to face the society in accordance with the law. Therefore, private schools are not enterprises, and their business scope is different from that of ordinary enterprises.

To sum up, the business scope of private schools should be determined by the education department within the scope of their school license. The business license only needs to be registered in accordance with the provisions of the Company Law of the People's Republic of China.

Legal analysis: Public schools belong to public institutions and do not have a business license, generally only enterprises, self-employed people and social organizations have a business license. Private schools need to have a license issued by the Education Bureau or the Labor Bureau.

Legal basis: Law of the People's Republic of China on the Promotion of Private Education

Article 11: The establishment of private schools shall meet the needs of local educational development and meet the requirements provided for in the Education Law and other relevant laws and regulations. The standards for the establishment of private schools shall be implemented with reference to the standards for the establishment of similar public schools at the same level.

12th private schools that organize and implement academic education, pre-school education, self-study examinations and other cultural education shall be examined and approved by the people's education administrative departments at or above the county level in accordance with the authority provided by the State; Private schools that organize and implement vocational qualification training and vocational skills training based on vocational skills shall be examined and approved by the people's human resources and social security administrative departments at or above the county level in accordance with the authority prescribed by the state, and a copy shall be sent to the education administrative departments at the same level for the record.

Legal Analysis: Public schools do not have business licenses. Public schools belong to public institutions and do not have business licenses, generally only enterprises, self-employed individuals and social organizations have business licenses, and public school licenses are called public institution legal person certificates.

Private schools need to have a license issued by the Education Bureau or the Labor Bureau. Most of the school's income should be said to be outside the scope of taxation because the school is a non-profit unit. Non-profit legal persons include public institutions, social organizations, associations, social service organizations, and so forth.

Legal basis: Article 87 of the Civil Code of the People's Republic of China A legal person established for public welfare purposes or other non-profit purposes and does not distribute the profits obtained to investors, founders or members is a non-profit legal person. Non-profit legal persons include public institutions, social organizations, associations, social service organizations, and so forth.

Legal analysis: If a school is a public institution and does not have a business license, only enterprises, self-employed individuals and social organizations generally have a business license. Ordinary colleges and universities belong to public institutions, and their licenses are called public institution legal person certificates.

Legal basis: "Interim Regulations on the Registration and Administration of Public Institutions" Article 2: "Public institutions" as used in these Regulations refers to social service organizations organized by state organs or other organizations using state-owned assets for the purpose of public welfare, and engaged in education, science and technology, culture, health, and other activities.

For-profit business organizations established by public institutions in accordance with the law must carry out independent accounting and be registered and managed in accordance with the laws and regulations of the state on companies, enterprises, and other business organizations.

Article 3: After public institutions are established with the approval of the people** at or above the county level and their relevant competent departments (hereinafter collectively referred to as the examination and approval organs), they shall be registered or filed in accordance with the provisions of these Regulations.

Public institutions shall meet the requirements of legal persons.

Public schools belong to public institutions, and if they do not have a business license, generally only enterprises, self-employed people and social organizations have business licenses, and private schools need to have a school license issued by the Education Bureau or the Labor Bureau. Private schools have three distinct characteristics:1

The organizer is not a state institution; 2.Funds** for non-state financial funds; 3.Socially-oriented schools are to recruit students and trainees from the society, serving non-sensitive or specific groups and individual citizens, rather than only recruiting people from a certain group, enterprise, industry, system and specific group as students or trainees. Only matched.